Lawyers for two Black Lives Matter protesters are seeking charges against the driver of a silver BMW who was involved in an altercation with the protesters.
Sam Grocott and Robert Lastra are two of six people accused of connection with the Black Lives Matter protest that took place in San Luis Obispo on July 21.
During the protest, protesters blocked Highway 101 and the police claimed that some protesters committed acts of vandalism.
In drone images recently released by Grocott’s lawyer, Vincent Barrientos, the BMW driver can be seen entering a verbal altercation before hitting a person on a bicycle and then trying to continue on Highway 101, hitting a person in a yellow shirt identified by Barrientos as Grocott.
SLO PD DRONE FOOTAGE
Seconds later, a person identified as Lastra is seen throwing his skateboard into the car in what he said was an attempt to stop the vehicle.
After the incident, the California Highway Patrol released photos seeking to identify the people involved, saying the protesters attacked the vehicle.
At the time, Captain Greg Klingenberg, CHP San Luis Obispo area commander, told KSBY News: “One of them jumped on the hood of the vehicle. The other, after the gentleman jumped off the hood of the vehicle, the vehicle then had a path. to leave the area and when they were leaving, someone else took his skateboard and hit the rear window of the vehicle when he was leaving. “
The CHP reported that the broken window pane fell on a four-year-old boy who was sitting in the back seat.
Barrientos says the drone video was made by the San Luis Obispo Police Department and he acquired it as part of his case. He says the video proves that the CHP lied to the community.
“We have a problem as a society when law enforcement – whom we trust, who must protect us – goes on television lying, especially when they have video evidence that they could give the public and the public can see for themselves and make their own informed decision, “said Barrientos.
Barrientos also released a partial text of the California Highway Patrol interviews with the BMW driver, in which he allegedly told police officers: “I’m about to travel 100 miles an hour through that idiotic, retarded crowd” and “These idiots, I should have brought my glock. ”
The charges were not brought against the driver, who was only referred to in court documents as “John Doe”. Police say he started receiving threats after the incident and that his identity is being protected.
Grocott and Lastra are facing charges for their roles in the incident.
Lastra is accused of illegal imprisonment and vandalism.
Grocott faces three counts of illegal imprisonment.
KSBY
On the night of the protest, Grocott described the collision to KSBY News.
“That’s when I ended up on his hood, holding it next to the windshield wipers while other protesters gathered to stop him,” he said, adding that the driver was shouting profanity at the protesters, telling them to get out of the way. and driving to the side of the highway.
Barrientos says in a letter to the California Highway Patrol that the driver should be arrested for assault with a deadly weapon.
“No rational person thinks it’s okay to drive your car against someone else because you’re in a hurry to check into a hotel while on vacation in San Luis Obispo County, which is why we demand that the police arrest the driver of this car, “he said.
Lastra’s attorney Brian Ford said in a statement:
I am familiar with the video and statements cited in Mr. Barrientos’ letter and fully support his calls for justice. However, I believe that these materials clearly establish that the BMW driver committed the crime of attempted first-degree murder (section of Penal Code 664/187 (a) (1)), in which he intentionally and with malicious intent, attempted , but failed to kill Sam Grocott. The failure of prosecutor Dan Dow to take any legal action against that individual reeks of injustice and corruption.
KSBY News contacted the California Highway Patrol for comment. Officer Mike Poelking, of the San Luis Obispo CHP office, said the agency did not comment on pending litigation.
Tianna Arata’s lawyers, whom the police identified as the protest leader, requested an order of silence against the CHP in October 2020. In the document, the lawyers pointed to several posts on Facebook and Instagram that they believe to create “blatantly false narratives and misinformation. prejudiced “.
The San Luis Obispo Police Department says it will not make a statement on the matter because the CHP is the investigative body.
The San Luis Obispo County District Attorney issued the following statement late on Thursday:
The district attorney’s office is confident that the facts and circumstances surrounding Mr. Grocott’s arrest will be fully and fairly disclosed in court as soon as the matter is heard by a jury of members of our community. The district attorney will not respond to the non-factual rhetoric of Mr. Grocott’s attorney. In fact, California’s Rules of Professional Conduct prohibit any attorney involved in litigating a case from making a statement that the attorney knows will be released to the public and has a substantial likelihood of damaging the case. This includes not only the statements of an individual lawyer, but the public disclosure of evidence outside the judicial process that poses the same threat to due process. Professional liability rules aim to ensure fair application and due process for all parties. These rules apply equally to prosecutors and criminal defense lawyers.
KSBY News also contacted San Luis Obispo Mayor Heidi Harmon and San Luis Obispo City Council members for comment, but there was still no response.
Grocott is expected to return to court on the matter on March 3. Barrientos says he plans to file the paperwork to dismiss the charges.